Mr. Fagg is a co-leader of the firm's Energy Litigation Practice and a co-leader of the firm's Government Contracting Practice. Since joining the firm in 1995, Mr. Fagg has handled scores of major matters for utilities and other energy companies, and has served as lead counsel for such companies in dozens of trials and appellate proceedings. Mr. Fagg is lead counsel for a majority of the nuclear utilities in the country in connection with claims against the government for breach of the federal government's obligation to accept and dispose of spent nuclear fuel—for such clients he has secured multiple hundred-plus million dollar settlements and trial verdicts, successfully defended such awards upon appeal, and led Morgan Lewis teams that have won the industry an aggregate of well over $1 billion in judgments and settlements. In claims against the government, Mr. Fagg maximizes recovery through a deep knowledge of opposing counsel and presiding judges, and efficient deployment of pretrial resources.

Mr. Fagg has also represented multiple clients from other industries in various commercial, business, construction, and environmental disputes, including many involving federal regulation and contracts. He has handled all manner of government contracts disputes and counseling, False Claims Act matters, securities law and civil fraud investigations, internal and government investigations, a trial involving a real estate joint venture, class actions, and federal administrative challenges. Mr. Fagg was recently described in an order by a Court of Federal Claims judge as representing clients "zealously, creatively, and with civility."

Prior to joining Morgan Lewis, Mr. Fagg was a trial attorney in the Civil Division of the U.S. Department of Justice, where he handled civil fraud cases, procurement disputes, takings claims, and employment appeals. His trial work included construction and other commercial government contract disputes, multimillion dollar government contract claims, and civil fraud investigations. At the appellate level, Mr. Fagg briefed and argued a number of matters before the U.S. Court of Appeals for the Federal Circuit and other courts of appeal.

Mr. Fagg is admitted to practice in the District of Columbia and New York, and before the U.S. Supreme Court, the U.S. Court of Appeals for the Federal Circuit, the U.S. Court of Federal Claims, and many federal district courts and regional courts of appeal.

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Benjamin P. Smith is a partner in Morgan Lewis's Litigation Practice. He is a trial lawyer with a particular focus on high-stakes disputes in the biotechnology, medical device, and internet industries.